'A' agrees to pay 'B' a sum of money if 'B' gets married to 'C'. 'C' marries 'D'. In such a situation, which one of the following statements, is correct?
Verified Answer
A. The agreement will be effective when 'C' will divorce 'D'
B. The performance of the agreement will be deemed impossible
C. 'B' is bound to get married to 'C' under the agreement
D. 'A' is bound to pay 'B' the agreed sum of money
Explanation:
This is a contingent contract, contingent upon 'B' marrying 'C'. Since 'C' has married 'D', it becomes impossible for 'B' to marry 'C' (at least in a legally recognized way, without 'C' divorcing 'D' first, which is not part of the original condition). Therefore, the performance of the condition has become impossible, rendering the contract void under Section 32 of the Indian Contract Act, 1872.